Who Is At Fault In A Motorcycle Accident?
When someone brings forward a motorcycle accident case, the state of Arkansas uses a modified comparative fault system to determine who was responsible for the accident, and whether or not the plaintiff can recover damages. Arkansas follows a “50% fault” rule, meaning you cannot recover compensation from the defendant if the court rules that you are 50% or more at fault for the accident.
However, if it is ruled that you are 49% or less at fault, you can still recover damages. The amount of compensation that you are entitled to will be reduced by your degree of fault. For example, if you are assigned only 10% of the fault, you will be able to recover more money than if you are 49% at fault.
Determining fault in a motorcycle accident can be complicated. A thorough, professional investigation of the accident is necessary in order to gather evidence and re-create the scene. If you have been seriously injured in a motorcycle accident because of another driver’s negligence, our experienced Little Rock motorcycle accident attorneys at the Duncan Firm can help you pursue the compensation you deserve.
Please contact our Little Rock, Arkansas office today to schedule a free initial consultation. Let our family fight for yours.